Comment Re:This is ridiculous. (Score 1) 146
If you want to get all strict-constructionist on this matter though, planes, cars, buses, and rail didn't even exist when the Constitution was written, so one could argue that there's no Constitutional protection when travelling by anything beyond horseback, carriage, or walking.
This argument doesn't make any sense, and certainly wouldn't to a strict-constructionist.
Either the Constitution was intended to cover any type of travel when originally written, or it wasn't.
If it was, then any type of travel is protected, because nothing in the Constitution authorizes the government to restrict travel.
If (as you argue) it wasn't intended to cover, say, flying, because it didn't exist at that time yet (silly, no one really argues that but let's go with it...), then still, nothing in the Constitution authorizes the government to restrict travel via flying.
The fallacy you seem to be falling into is thinking that the Constitution needs to explicitly permit or protect a particular freedom (like travel) or else the government can do what they want in regards to it. The Constitution doesn't grant people rights and doesn't protect only enumerated freedoms. It enumerates specific powers for the government and reserves everything not specifically granted to the States and the people.So if the Constitution doesn't apply to something, then the Federal government doesn't have any authority whatsoever in regards to that something.
In actual fact, the courts have ruled that any limitation on the fundamental right to travel must pass strict scrutiny. See a few hundred thousand links from Google.